IIN-HANSIYAH AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

IIN-HANSIYAH AND ANOTHER v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Extension of time was refused and leave dismissed because applicants offered no good reason for the 13-day delay and their intended challenge lacked any reasonably arguable basis: the Board and Director had applied the correct legal tests, there was no identifiable error of law, irrationality or procedural unfairness, state protection and internal relocation were reasonably available, and subsequent legitimization by marriage removed the core risk; therefore no prospect of success justified an extension or leave.

Citation
[2024] HKCFI 620
Parties
1st Applicant: Iin-Hansiyah; 2nd Applicant: Ali Mikhayla Rizkya Malik; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 February 2024
Case Number
HCAL1819/2020
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Leave Application and Extension of Time (refused); Substantive Leave Application Dismissed
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture Risk, Right to Life, Internal Relocation, Leave to Apply for Judicial Review, Extension of Time, Procedural Fairness, Minor Specific Representation
Source Language
EN
Immigration Law Constitutional Law Administrative Law Human Rights Law Non Refoulement Torture Risk Right to Life Internal Relocation +4 more

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Parties

Iin-Hansiyah

1st Applicant

Ali Mikhayla Rizkya Malik

2nd Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Leave Application and Extension of Time (refused); Substantive Leave Application Dismissed

Legal Issues

  1. 1 Whether to grant extension of time for filing leave application
  2. 2 Whether the Board erred in law, acted irrationally or procedurally unfairly in rejecting non-refoulement claims
  3. 3 Whether State protection and internal relocation were adequate

Ratio Decidendi

Extension of time was refused and leave dismissed because applicants offered no good reason for the 13-day delay and their intended challenge lacked any reasonably arguable basis: the Board and Director had applied the correct legal tests, there was no identifiable error of law, irrationality or procedural unfairness, state protection and internal relocation were reasonably available, and subsequent legitimization by marriage removed the core risk; therefore no prospect of success justified an extension or leave.

Court Disposition

Extension of time refused; application for leave to apply for judicial review dismissed

Orders

  • Extension of time refused
  • Application for leave to apply for judicial review dismissed